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MIAN YAMIN UL HAQUE versus MUNICIPAL COMMITTEE


Articles 12 and 2 of the NWFP Public Property Act (1977) Constitution Pakistan (1973), Article 185 (3) proposed auction of the cinema of the municipal committee in the year 1960 received the cinema from the settlement and the respondent municipality. The committee did not show that its owner was in the Revenue Record Petitioner, a case was registered against the proposed auction by the municipal committee under Section 12, the NWFP Public Property Act (1977). There was no right to auction the land and the municipal committee, including the aforementioned cinema, so in the notice / advertisement the municipal committee has been shown to own the land of the cinema and the auction was illegal and had no legal effect. And also sought a permanent injunction to prevent the municipal committee from transferring the building and the land through the proposed auction suit. The applicant was dismissed by the tribunal and the constitutional application against such dismissal was also dismissed. The Supreme Court verifying the appeal of the High Court approved the question as to whether the tribunal had declared the border state public property. Created under section 12 (the abolition of encumbrances) Act (V of 1977), which had jurisdiction to settle disputes between the applicant and the plaintiff's municipal committee, whose proprietary rights were in question. Has a direct impact. Even if the petitioner of the controversial cinema by the then Department of Settlement did not have the error of the High Court jurisdiction in not considering the transfer. And whether the respondent in the facts and circumstances of this case has any claim against the applicant / transfer from the municipal committee department

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